Full Text of SB1996 101st General Assembly
SB1996ham001 101ST GENERAL ASSEMBLY | Rep. Kambium Buckner Filed: 5/3/2019
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| 1 | | AMENDMENT TO SENATE BILL 1996
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1996 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 5-157 and 5-227 as follows:
| 6 | | (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
| 7 | | Sec. 5-157. Administration of disability benefits.
| 8 | | (a) If a policeman who is granted duty or ordinary | 9 | | disability benefit
refuses to submit to examination by a | 10 | | physician appointed by the board, he
shall have no further | 11 | | right to receive the benefit.
| 12 | | (b) A policeman who has withdrawn from service while | 13 | | disabled and
entered upon annuity prior to the effective date, | 14 | | and who has thereafter been
reinstated as a policeman, shall | 15 | | have no right to ordinary disability
benefit in excess of the | 16 | | amount previously received unless he serves at
least one year |
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| 1 | | after such reinstatement. This provision shall apply
| 2 | | throughout the duration of any disability incurred by the | 3 | | policeman within
one year after his reinstatement resulting | 4 | | from any cause other than injury
incurred in the performance of | 5 | | an act of duty.
| 6 | | (c) Until the effective date of this amendatory Act of the
| 7 | | 92nd General Assembly, a policeman who assumes regular | 8 | | employment
for compensation, while in receipt of ordinary or | 9 | | duty disability benefits,
shall not be entitled to receive any | 10 | | amount of such disability benefits which,
when added to his | 11 | | compensation for such employment during disability, would
| 12 | | exceed 150% of the rate of salary which would be paid to him if | 13 | | he were working
in his regularly appointed civil service | 14 | | position as a policeman. The changes
made to this Section by | 15 | | Public Act 90-766 are not limited to persons in service on or | 16 | | after the effective
date of that Act.
| 17 | | Beginning on the effective date of this amendatory Act of | 18 | | the 92nd
General Assembly, the reduction of disability benefits | 19 | | due to compensation for
employment previously imposed under | 20 | | this subsection (c) no longer applies to
any person receiving a | 21 | | disability benefit under this Article, without regard to
| 22 | | whether the person is in service on or after that date. The | 23 | | removal of this
limitation by this amendatory Act is not | 24 | | retroactive and does not entitle any
person to the restoration | 25 | | of amounts previously reduced or withheld under this
| 26 | | subsection.
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| 1 | | (d) Disability benefit shall not be paid for any part of | 2 | | time for which
a disabled policeman shall receive any part of | 3 | | his salary.
| 4 | | (e) Except as herein otherwise provided, disability | 5 | | benefit shall not
be paid for any disability based upon or | 6 | | caused by any mental or physical
defect which the policeman had | 7 | | at the time he entered the police service.
| 8 | | (f) Disability benefit shall not be allowed to any | 9 | | policeman who
re-enters the public service in any capacity | 10 | | where his salary is payable in
whole or in part by taxes levied | 11 | | upon taxable property in the city in which
this Article is in | 12 | | effect, or out of special revenues of any department of the
| 13 | | city. The disability benefit shall be suspended during the | 14 | | period he is in
the public service for compensation, and shall | 15 | | be resumed when he withdraws
from such service.
| 16 | | (g) Any disability benefit paid in violation of this | 17 | | Section or of this
Article shall be construed to have been paid | 18 | | in error, and the amounts so
paid shall be charged as a debit | 19 | | in the account of any person to whom the
same was paid and | 20 | | shall be deducted from any moneys thereafter payable to
such | 21 | | person out of this fund, or to the widow, heirs or estate of | 22 | | such
person.
| 23 | | (h) Disability benefits shall not be paid to any policeman | 24 | | who first becomes a policeman on or after the effective date of | 25 | | this amendatory Act of the 101st General Assembly while the | 26 | | policeman resides outside the State of Illinois, unless such |
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| 1 | | residence is by permission of the board. | 2 | | (Source: P.A. 92-52, eff. 7-12-01.)
| 3 | | (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| 4 | | Sec. 5-227. Felony conviction. None of the benefits | 5 | | provided for in this
Article shall be paid to any person who is | 6 | | convicted of any felony relating
to or arising out of or in | 7 | | connection with his service as a policeman.
| 8 | | None of the benefits provided for in this Article shall be | 9 | | paid to any person who otherwise would receive a survivor | 10 | | benefit who is convicted of any felony relating to or arising | 11 | | out of or in connection with the service of the policeman from | 12 | | whom the benefit results. | 13 | | None of the benefits provided for in this Article shall be | 14 | | paid to any
person who is convicted of any felony while in | 15 | | receipt of disability benefits.
| 16 | | None of the benefits provided for in this Article shall be | 17 | | paid to any
person who is convicted of any felony relating to | 18 | | or arising out of or in
connection with the intentional and | 19 | | wrongful death of a police officer,
either active or retired, | 20 | | through whom such person would become eligible
to receive, or | 21 | | is receiving, an annuity under this Article.
| 22 | | A person who intentionally and unjustifiably causes delay | 23 | | in proceedings for which the person is ultimately convicted of | 24 | | a felony relating to or arising out of or in connection with | 25 | | his service as a policeman shall not be entitled to any |
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| 1 | | benefits provided for in this Article on and after the filing | 2 | | date of the related indictment or charges. This paragraph | 3 | | applies to all persons whose felony conviction was entered on | 4 | | or after January 1, 2019. | 5 | | Any refund required under this Article shall be calculated | 6 | | based on that person's contributions to the Fund, less the | 7 | | amount of any annuity benefit previously received by the person | 8 | | or his or her beneficiaries. This paragraph applies to all | 9 | | persons who make an application for refund to the Fund on or | 10 | | after January 1, 2019. | 11 | | This Section shall not operate to impair any contract or | 12 | | vested right heretofore
acquired under any law or laws | 13 | | continued in this Article, nor to preclude
the right to a | 14 | | refund, and for the changes under this amendatory Act of the | 15 | | 100th General Assembly, shall not impair any contract or vested | 16 | | right acquired by a survivor prior to the effective date of | 17 | | this amendatory Act of the 100th General Assembly.
| 18 | | All future entrants entering service subsequent to July 11, | 19 | | 1955, shall
be deemed to have consented to the provisions of | 20 | | this Section as a
condition of coverage, and all participants | 21 | | entering service subsequent to the effective date of this | 22 | | amendatory Act of the 100th General Assembly shall be deemed to | 23 | | have consented to the provisions of this amendatory Act as a | 24 | | condition of participation.
| 25 | | (Source: P.A. 100-334, eff. 8-25-17.)
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| 1 | | Section 90. The State Mandates Act is amended by adding | 2 | | Section 8.43 as follows: | 3 | | (30 ILCS 805/8.43 new) | 4 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 | | of this Act, no reimbursement by the State is required for the | 6 | | implementation of any mandate created by this amendatory Act of | 7 | | the 101st General Assembly.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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